Storm contractor rules in South Carolina: price gouging section 39-5-145 and the US$10,000 and US$5,000 licence lines
South Carolina writes its emergency price rule into the Unfair Trade Practices article of Title 39 and its licence rules into Title 40, Chapters 11 and 59. This page restates those sections as the South Carolina Legislature publishes them, read on October 9, 2026.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page. Every row below is statute text from the South Carolina Legislature's code site. No section read names tree work, and the lists of trades in the two licence chapters do not include it.
The sections in one table
| Section | What it says |
|---|---|
| 39-5-145(A), definitions | A "commodity" means goods, services, materials, merchandise, supplies, equipment, resources or other articles of commerce, including food, water, ice, chemicals, petroleum products and lumber essential for use as a direct result of a declared emergency |
| 39-5-145(A)(5), the price test | An unconscionable price is one showing a gross disparity from, or grossly exceeding, the average price in the usual course of business during the 30 days before the declaration, where the increase is not due to added costs or market trends. Meeting either test is prima facie evidence |
| 39-5-145(B) to (E), triggers | The ban applies on a declaration of a state of emergency by the Governor, or a state of disaster by the President that includes part of South Carolina, until the declaration expires or ends. A notice of an abnormal disruption of the market from the Attorney General triggers it for 15 days, renewable for successive 15-day periods |
| 39-5-145(K) and (L), penalty | A person who wilfully and knowingly violates it commits a misdemeanor with a fine of up to US$1,000 or up to 30 days in jail, or both, in addition to other remedies. A person charged may present evidence of knowledge or intent to rebut the presumption |
| 40-11-30, general contractors | No one may practise as a contractor on work whose total cost of construction is greater than US$10,000, for general or for mechanical contracting, without a licence. A 2023 act raised the figure from US$5,000 |
| 40-59-20, residential builders | A residential builder undertakes the construction, repair or improvement of a residential building of up to three floors and sixteen units when the cost exceeds US$5,000. A residential specialty contractor works above US$500 in trades listed in the section, including roofers, masons, carpenters, painters and solar panel installers |
| 40-59-30, unlicensed work | Offering residential building or specialty contracting without a licence or registration is a misdemeanor with a fine of US$500 to US$10,000, or at least thirty days in jail, or both. Such a person may not sue to enforce the contract |
Price rule
Section 39-5-145 reaches services by definition, so a contractor's price for a job sits inside the word "commodity". The ban comes in three forms. One follows a Governor's declaration, one follows a presidential disaster declaration that covers part of the state, and one follows an Attorney General notice of an abnormal market disruption that can run without any declaration. Subsection (G) says a price increase approved by a government agency is not a violation, and subsection (H) says the same for the usual seasonal movement in a price. Subsection (J) leaves local governments free to act, but says the evidence standards in the section are the only ones a local ordinance may adopt.
Licence rules
South Carolina has two lines that matter for a home job. The Contractors' Licensing Board chapter starts above US$10,000 total cost of construction. The Residential Builders Commission chapter starts above US$5,000 for repair or improvement of a residential building. Chapter 11 lists the work it does not cover in section 40-11-360, and the list covers items such as owners who do the work on their own residence, installation of loose finished products, and sign and billboard work. Tree work is not on the list, and neither is it named as covered. For how other states treat tree work, see contractor licences for tree work. The scam warnings that attorneys general issue after storms are on the storm tree scams page.
Sources
- South Carolina Legislature, Code of Laws Title 39 Chapter 5, section 39-5-145, read October 9, 2026
- South Carolina Legislature, Code of Laws Title 40 Chapter 11, Contractors, read October 9, 2026
- South Carolina Legislature, Code of Laws Title 40 Chapter 59, Residential Builders, read October 9, 2026